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State v. Frazier

Court of Appeals of North Carolina

February 7, 2017

STATE OF NORTH CAROLINA
v.
TARA MAY FRAZIER, Defendant.

          Heard in the Court of Appeals 5 October 2016.

         Appeal by Defendant from judgment entered 8 October 2015 by Judge Michael D. Duncan in Randolph County Superior Court No. 13CRS055016

          Attorney General Joshua H. Stein, by Assistant Attorney General Bethany A. Burgon, for the State.

          Sean P. Vitrano for the Defendant.

          DILLON, Judge.

         Tara May Frazier ("Defendant") appeals from the trial court's judgment convicting her of negligent child abuse. For the following reasons, we vacate and remand.

         I. Background

         Defendant was indicted for negligent child abuse based on injuries discovered on her young child. A jury found Defendant guilty of the charge. The trial court entered judgment based on the jury verdict. Defendant timely appealed.

         II. Standard of Review

         We review a trial court's ruling permitting amendment of an indictment de novo. See State v. Brinson, 337 N.C. 764, 767, 448 S.E.2d 822, 824 (1994).

         III. Analysis

         On appeal, Defendant contends that the trial court committed reversible error during the trial by permitting the State to amend the indictment.[1] After careful review, we agree with Defendant for the reasons stated below. Accordingly, we vacate the judgment and remand the matter to the trial court for further proceedings not inconsistent with this opinion.

         Defendant was indicted for negligent child abuse under N.C. Gen. Stat. § 14-318.4(a5) (2015) after Asheboro police discovered her unconscious in her apartment with track marks on her arms and her nineteen-month old child exhibiting signs of physical injury. Under § 14-318.4(a5), a parent of a young child is guilty of negligent child abuse if the parent's "willful act or grossly negligent omission in the care of the child shows a reckless disregard for human life" and the ...


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